Spitzer Takes A Pass

The state attorney general’s office is not representing the governor in a lawsuit SEIU/Local 1199 and the Greater New York Hospital Association brought against Gov. George Pataki last week, which seeks to force him to implement some $1 billion in Medicaid approved by the state Legislature via overrides of his budget vetoes.

“We have institutional clients, the governor and the Legislature,” said Spitzer spokesman Marc Violette. “But when there’s a direct and absolute conflict, as there is in this case, we don’t choose sides…We cannot in good faith represent one against the other.”

There is no law that prevents the AG from representing one branch against the other, Violette said. So, Spitzer could choose sides, if he wanted to. But, since the two branches are “co-equal,” as Violette put it, the AG thinks that would be unfair.

That’s handy. This case could take a while, and deals (again) with the separation of powers between the legislative and executive branches – something in which Spitzer arguably has more than aÂ passing personal interest.

So, Pataki is being represented by outside counsel on this one – specifically Max ShulmanÂ of Cravath, Swaine & Moore, according to the governor’s office.

Outside counsel tends to be pretty pricey, and they get paid out of the state’s general fund.

Cravath, Swaine & Moore also represented the governorÂ in SilverÂ v. Pataki (another oneÂ of thoseÂ executive power v legislative power issues), which was first filedÂ by Assembly Speaker Sheldon Silver, D-Manhattan, back in 1998.

In 2001, Cravath had billed the state $675,442. The firm representing Silver – Weil, Gotshal & Manges -Â clocked in at $459,968 – and the case wasn’t evenÂ close to over yet.

That case, along with another that dealt with budgeting power, wasn’t decided (in the governor’s favor) until December 2004 by the state Court of Appeals. I don’t have the final outside counsel numbers, but have requested them and will update ASAP.

SEIU/Local 1199 and the GNYHA are being represented by Featherstonhaugh, Wiley, Clyne & Cordo and Randy Mastro, a deputy mayor under former NYC Mayor Rudolph Giuliani. Â